A permanent garage is, like a residential building, an immovable object. Its cost may be quite high, but without registration of documents on the right of ownership, it becomes impossible to sell or make another legal transaction. However, due to the lack of necessary papers, registration of rights can be difficult.
Built in the 90s, when a building permit was not required, the garage can receive the status of an unauthorized building. In this case, the competent authorities have the right to oblige the owner to demolish it. Therefore, it is better to complete all the necessary documents before the inspections begin, so as not to lose your garage and money for paying a fine.
Registration of ownership of a garage step by step in 2021
Please note that you can register your right to a garage built at GSK only after the entire complex has been put into operation. According to Article 218 of the Civil Code of the Russian Federation, a member of the GSK acquires ownership of the garage only after repayment of all contributions.
The design algorithm will be as follows:
1. Request from the cooperative all the documents necessary to register the right.
For individuals, no permits may be required. But from a legal entity, which is GSK, Rosreestr requires to provide an act or permission for commissioning. The presence of one of these documents confirms the cadastral registration of garages in the cooperative with the execution of all technical documents.
2. Submit the received documents along with the application and passport to Rosreestr or MFC in any convenient way. Article 18 of Law No. 218-FZ “On State Registration of Real Estate” suggests choosing one of three methods for submitting documents:
- by personal appearance at the Rosreestr authority, by applying through the MFC or during the on-site work of a Rosreestr specialist,
- sending a letter with notification via Russian Post, making sure to include a list of all documents,
- through Internet services posted on the official website of the registration department (Rosreestr).
All actions related to registration of real estate ownership are subject to state duty. When applying in person, it must be paid in advance, but it is not necessary to present a payment document. When filling out an electronic form on the website, the applicant receives a message with a unique payment code via email. You can do it online. If it is discovered that the state duty has not been paid within the prescribed period, the application will not be accepted for processing.
3. Obtain from the department or MFC an extract from the Unified State Register of Real Estate, confirming the registration of the right. Rosreestr specialists are given seven working days for the entire registration procedure. Please note that contacting the MFC increases this period by 2 business days, which are allotted for transferring the received documents to the department and receiving an extract from the department. The deadline is counted from the date of submission of the application and the entire package of papers.
Electronic services, if the request is generated through them, notify the applicant about the progress of the service by messages to the email address that was specified in the application form.
In some cases, the applicant may be denied registration of ownership of the garage. Refusal is always accompanied by a reasoned written notice indicating the reasons for such action. It can be challenged in a judicial authority and, if you are found to be right, by decision of the court, Rosreestr will register the right within five working days.
Registration of land under a garage box in GSK
The main problem of garage cooperatives is that there are essentially no garage owners as such, but only those who own a portion of the common property, the size of which is proportional to the area of the garage box.
Accordingly, in order to change the status of collective land into the status of indivisible common property, only a collective decision of all garage owners in the cooperative is needed.
Privatization of land in GSK - the procedure for necessary actions
To privatize land under garages in GSK, the following points must be completed:
- The first and most important thing is to agree among ourselves.
- Hold a general meeting at which the whole team makes an appropriate decision.
- The decision made at the meeting must be documented in a separate protocol.
- Contact the Department of Property Relations with a collective application, in which you express a desire to transfer the land from the status of collective use to the status of shared ownership.
Garage cadastral passport.
Another nuance is that it is not entirely correct to apply the term “privatization” to collectively owned property, since it involves the transfer of property rights from the state to a specific person.
What documents need to be provided
To establish ownership of the land under the garages that are part of the GSK, you need to provide the following list of documents:
- cadastral passport of the complete land plot;
- registration certificates for each individual garage box;
- documentation confirming the transfer of the land plot to the cooperative;
- the entire identification list of documents of the cooperative - on state registration, registration with the tax inspectorate, as well as an extract from the register of legal entities;
- GSK charter;
- minutes of the general meeting of the team, at which the decision to transfer the land into common ownership was considered.
Required documents
We list all the documents that will be required for submission to the registration authority:
- Request a certificate from the chairman of the cooperative stating that the share contributions have been paid in full and that you are a member of the GSK. This can be one document. They must be certified by the chairman and chief accountant of the garage cooperative. To register, you will need to submit originals and copies;
- passport;
- statement of intention to register the right to a garage - .
If the actions are carried out by an authorized person, then his passport and a power of attorney of the interested party will be required, which must have a notary’s mark.
If no one from the garage cooperative has yet registered their right to the object, then they will have to supplement the package of documents:
- lists of GSK members;
- constituent papers;
- statutory documents;
- documents for the land plot and technical passport;
- that the chairman and chief accountant are vested with the corresponding powers in the GSK.
To register a private garage you will need:
- title documents for the land plot under the garage building (extract from the Unified State Register or lease agreement);
- the agreement on the basis of which you own the garage (transaction agreement, inheritance agreement, etc.);
- cadastral passport of the building and documents from the BTI;
- For self-construction, you must provide permission for it.
An application for registration must be completed along with the listed documents and a personal passport must be presented.
If desired, you can attach a payment document confirming the state duty paid.
Is it possible to complete a transaction without documents?
Formally, a transaction for the purchase and sale of a garage without documents is quite possible.
However, the buyer in this case will have to face many difficulties. In addition, he risks contacting scammers and being left without money and without a garage. According to the law, it is impossible to sell an object if there is no ownership of it. The actual owner of the property, that is, the seller, must receive and restore all papers. This must be done before executing the purchase and sale agreement.
If you buy an object without documents, the new owner will spend a lot of time and money preparing the necessary papers. What is it for? The fact is that when transferring property rights to real estate, it is necessary to go through the state registration procedure with Rosreestr. It is impossible to do this without documents.
What happens if you don't register? In this case, the buyer will not become the full owner of the garage and the land plot underneath it. This means that he will not be able to fully manage the object. For example, it will be impossible to pass on a garage by inheritance.
Moreover, lawyers insist on carefully checking the documents for the garage and land plot before concluding a deal. A potential buyer needs to make sure that the seller has the right to sell the property and is not violating the law.
It is important to understand that if the law is violated when concluding a transaction, it may be declared invalid from a legal point of view. This could cause problems in the future.
If the seller is not the owner of the garage, he does not have the right to sell it. A buyer who purchases real estate without documents will most likely be left with nothing.
What to do if there are no documents?
As a rule, a plot of land was allocated to a garage cooperative by the municipal authorities under a lease agreement. Then the appropriate construction permit is obtained. Therefore, first you need to request these documents from the chairman of the GSK.
In many cases, quite a lot of time has passed and the documents may simply be lost or not preserved. In their absence, restoration will be required with the relevant requests being submitted to the municipality. This process is quite time-consuming, so registering property rights can take quite a long time.
The procedure is long, but not hopeless. Most often, you can achieve recognition of rights to such a structure in court, where you will need to provide a technical passport of the garage, as well as prove that:
- built at the expense of the applicant (provide estimates or an agreement with a construction company);
- the rights of other persons are not infringed;
- there is a building permit. If this is not the case, the court may declare the construction illegal and demand its demolition.
Where to get the necessary documents for selling a garage
If the building was erected by the seller himself, but it is located on someone else’s property, it will need to be legalized. To do this, you will need to go to court to recognize the legality of the construction. This is a rather labor-intensive and costly undertaking that can last several months.
It is important to understand that if sanitary or construction standards are violated and this fact is revealed, the court may decide to demolish the structure. Dismantling is carried out at the expense of the actual owner. If the decision is positive, you must contact Rosreestr to undergo state registration of property rights.
This is interesting: How to register an easement for a gas pipeline
If the garage is built on a plot of land that is owned, then the situation is simplified. It is enough to contact the MFC, from where a technical specialist will be sent to make changes to the site plan. The final stage will be entering information into the Unified State Register in Rosreestr.
Since the process of preparing documentation is quite lengthy, the parties can play it safe and enter into a preliminary purchase and sale agreement. This document implies the intention of the parties to enter into a transaction in the future and does not bear any other obligations. The main contract is signed only after the seller becomes the full owner of the garage.
How much does it cost to register a garage as your property?
To carry out the procedure for registering rights to a garage building, you will need to pay a state fee. Its amount is specified in Article 333 of the Tax Code of the Russian Federation and currently amounts to 2,000 rubles per individual.
Carrying out work with the issuance of a technical passport has its own cost, which differs in different regions of the country. For example, in Moscow it ranges from 6 - 25 thousand rubles .
An extract from the Unified State Register of Real Estate for the land under the garage is subject to a state duty of 300 rubles .
Order an extract from the Unified State Register of Real Estate
Additionally, funds may be required for photocopying documents and notarization. If you refuse to register and restore your rights in court, you will have to incur court costs and expenses for requesting additional certificates.
What does buying a garage without documents rely on?
Citizens use 3 ways to interact in such a situation:
- a simple verbal agreement - the buyer receives the keys to the garage and uses it;
- execution by written power of attorney;
- conclusion of a purchase and sale agreement.
There is no way to properly buy a garage without documents. But it is best to sign a purchase and sale agreement, which will record the intention of the parties to conclude a transaction and transfer the property from one person to another.
How to legitimize
To find out whether the construction can be legalized, you should obtain all available documents from the seller. To use a garage, you must have rights to the box itself and to the plot of land underneath it.
Such objects are issued for private ownership or lease. At the same time, the purpose is indicated - for the construction and operation of the garage. If you have a dedicated plot of land, obtaining documents for construction will not be difficult.
If there are no documents for the land, then you should try to obtain the right to use the site from the local administration. For this purpose, an allotment plan is drawn up and attached to the application. However, there is practically no chance that the municipal authority will approve the allocation of land within the boundaries of a populated area for an individual garage.
Design features
If you have a designated area, you can begin to design the building. The owner must sign a purchase and sale agreement for an unfinished property and an agreement for the assignment of the right to use the land.
The fact of transfer of money should be recorded with a receipt. The document indicates who, when and in what connection received a certain amount.
Next, you need to draw up design documentation (if it does not exist) and obtain a construction permit from Gostroynadzor. It is not necessary to indicate that the object is already ready. After this, you need to undergo acceptance of the building by the state commission and receive a commissioning certificate.
If you have a GSK, you should contact the chairman to obtain a certificate of full payment of the share. After this, you need to obtain a technical passport from the BTI and submit an application to Rosreestr to register ownership. After receiving an extract from the Unified State Register of Real Estate, the owner applies to the GSK to be accepted as a member of the organization.
This is interesting: How to get a copy of the boundary plan
Preparation of the contract
The purchase and sale agreement must include the following information:
- information about the parties: full name, passport details;
- information about the subject of the contract: name, location, cost;
- obligations and rights of the seller: transfer ownership, existing documents and keys to the building;
- rights and obligations of the buyer: accept the property and pay for it;
- procedure for transferring the garage and payment terms;
- information about the place of residence of the seller and buyer;
- date, signatures, surname and initials.
To find out how to draw up an agreement correctly, you can look at samples of such agreements on the Internet. Or contact a lawyer for advice.
The agreement is signed in two copies - one for each party. In the future, if the missing documents are received, the contract can be submitted to Rosreestr for registration. Then ownership will pass to the buyer in accordance with the law.
An agreement cannot be called full-fledged if the seller does not have ownership rights confirmed by a certificate or extract from the Unified State Register of Real Estate.
How to register a garage as a property if the land in GSK is leased for 49 years
GSK can take a long-term lease of the land under the garage area for 49 years. This is a common practice, but there are a few things to consider:
- GSK is not the owner of this land, it is only a tenant. Therefore, if members of the cooperative want to register their garages as their own, they will only be able to do so in shared ownership. Conventionally, we can say that if there are 40 boxes in the GSK, it gives each member the opportunity to receive a document for 1/40 of the share. Of course, this figure is conditional, since the share can be accurately calculated only by the ratio of the area of one garage to the total area of \u200b\u200ball forty.
- The question arises regarding land registration, which must be carried out by all owners of the garage row at the same time. This is necessary because you can only purchase a plot of land for a separate garage. A row of garages is a building with adjacent walls and a common roof. This is one array. Therefore, there is no talk of a separate object with a separate land territory. But here there is no need to involve all members of the GSK, but only one of its ranks.
Please note that after receiving the title documents for the garage, you automatically have tax obligations. This property is subject to real estate tax, and the land underneath it is subject to land tax. An individual is obliged to pay them annually to the state.
Features of document preparation
Municipal authorities provide land for GSK on lease for a period of 49 years.
Although this practice is common, there are some things to consider:
- GSK is a tenant, not the owner of the land . Therefore, if you decide to register a garage, you can only get shared ownership. The size of the share is calculated depending on the area of one garage in relation to the total area of all garages.
- If the question of land registration arises, the owners must carry it out simultaneously . This is due to the fact that you can only buy a plot of land for a separate garage. And buildings in GSK, as a rule, are closely adjacent to each other. Because of this, they are recognized as a single array. That is why it is impossible to select a separate area. There is no need to involve all garage owners from GSK. Only those whose buildings are in the same row will need to participate.
When documents for the garage are received, the tax service will begin to calculate payments. They must be paid annually.
How to sell a garage if the land under it is not owned
We “draw up” the documents with the Chairman and chief accountant of the cooperative: (The buyer wrote an application for his acceptance into the cooperative, the Chairman endorsed it, the accountant confirmed that there were no arrears in payment. I wrote an application to transfer the garage to the buyer into ownership. And that’s all. The document is very strange, from a legal point of view, but the cooperative itself is also, in fact, illegal. Although it has stood for 20 years and all the garages are solid, brick, on the territory of the cooperative there is security, a repair shop, capital roads and even a car wash.)
On the advice of a lawyer, we formalized the transaction as follows: first, the buyer wrote a receipt stating that he received money as a loan from me (there was no mention of the garage in the receipt at all: the amount that I allegedly lent was simply indicated). The amount of the debt is obligated to return to such date (we agreed to pay in installments, because the buyer did not have the full amount, and I had to leave, the garage was in another city).
